Guides: International Commercial Arbitration Research Guide: Specialized Secondary Sources

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Specialized Resources on International Commercial Arbitration Law

In the columns below, you will find a selection of secondary sources that focus on narrower topics within the field of international commercial arbitration law. To locate additional resources from the Georgetown Law Library's collection, use the Advanced Search and select Law Library Catalog. Then select Subject as the search field and enter one of the following subject headings in search box:

For greater precision, search for a subject heading in the first line and use the remaining lines to search for additional words or exact phrases using the default Any Field setting.

Selected Specialized Resources in Print & Online

Challenge and Disqualification of Arbitrators in International Arbitration
Call Number: K2400 .D34 2012
This book compares the rules, guidelines, and standards established by leading arbitral institutions for challenging and disqualifying arbitrators. It also analyzes relevant court decisions from the France, Sweden, Switzerland, the U.K. and the U.S.
Choice of Venue in International Arbitration
Call Number: K2400 .C475 2014
The authors compare commercial arbitration practices in 20 leading arbitral venues, with each chapter focusing on how a particular jurisdiction's laws, rules of conduct, and courts affect the arbitration process and the enforcement of arbitral awards.
Conflict of Laws in International Arbitration
Call Number: K2400.A6 C653 2011
This book analyzes conflict of laws issues that typically arise during the course of an international commercial arbitration, including those related to procedural matters, as well as those that affect the merits of the case. It addresses the question of which conflict of law rules apply and the extent of an arbitrator's discretion in resolving these issues.
Contemporary Issues in International Arbitration and Mediation: the Fordham Papers
Call Number: K2400.A6 C65 2015
Each volume in this series publishes papers presented at the annual Fordham Law School Conference on International Arbitration and Mediation, which covers both commercial disputes between private parties and disputes between foreign investors and sovereign states.
Corruption in International Arbitration
Call Number: K2400 .U49 2018
This study examines efforts to combat corruption in both international commercial arbitration and investor-state arbitration. Core issues addressed include the admissibility of allegations of corruption; the burden of proof and standard of proof; whether arbitrators may investigate corruption sua sponte; the disclosure of corruption to arbitral institutions and public authorities; and the scope for judicial review of awards tainted by allegations of corruption.
The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals
Call Number: K2400 .S3214 2016
In an era in which international commercial disputes involving multiple contracts in multiple jurisdictions are often adjudicated in more than one forum, this book examines whether prior court judgments or arbitral awards should have conclusive effect and preclude subsequent tribunals from re-litigating the same issues. In doing so, the author compares how res judicata is applied in leading common law and civil law jurisdictions.
Due Process in International Commercial Arbitration
Call Number: K2400 .K87 2010
This book focuses on the need for greater procedural safeguards in international commercial arbitration. It includes a helpful bibliography ("list of references") for further reading and an appendix that reproduces the procedural the rules of many leading arbitral institutions.
Ethics in International Arbitration
Call Number: KZ6115 .R64 2014
This book analyzes the ethical obligations of arbitrators, lawyers, and expert witnesses engaged in the practice of international commercial arbitration. It describes the development of existing international norms and the theoretical justifications that underpin them.
The Guide to Damages in International Arbitration, 2nd ed.
Call Number: K2400 .G84 2018
Each chapter provides guidance on a particular aspect of damages, including the underlying principles governing compensatory and non-compensatory damages in common law and civil law jurisdictions; limitations on damages; the function and role of experts; and methodologies for calculating damages, interest, and costs. The book also covers the assessment of damages in specific types of disputes.
Islamic Law and International Commercial Arbitration
Call Number: K2400 .B548 2019
This study examines the intersection between contemporary international commercial arbitration and shariʿa law to assess the tensions that may arise between the two systems. The author analyses the impact of the prohibitions against interest (riba) and uncertainty (gharar) on arbitration agreements, arbitral awards and public policy.
Jurisdiction, Admissibility and Choice of Law in International Arbitration
Call Number: K2400 .J87 2018 Electronic
Each chapter in this collection of essays examines one of the many thorny issues related to jurisdiction, admissibility or choice of law in international commercial arbitration. Topics covered include res judicata, issue estoppel, evidentiary inferences, emergency and default proceedings, interim measures, the consolidation of cases, and non-contractual claims.
Precedent in International Arbitration
Call Number: K2400.A6 I255 2007
Considers whether, and to what extent, arbitral tribunals should take prior arbitral awards into consideration when resolving disputes involving similar issues and whether, and under what circumstances, a tribunal should be bound by a prior award.
Rethinking International Commercial Arbitration
Call Number: KJC4169.A5 C86 2017 Electronic
Arbitration is the preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties consent. The author proposes a fundamental rethink of this assumption, arguing that arbitration should become the default mode of resolution in international commercial disputes.
The Review of International Arbitraiton Awards
Call Number: K2400.A6 I26 2008
Part I examines how arbitral awards in disputes between private parties are reviewed and enforced by domestic courts, with a particular emphasis on courts in England, France, Sweden, and the U.S. Part II examines the review of arbitral awards in investor-state disputes.
Rules of Evidence in International Arbitration: An Annotated Guide, 2nd ed.
Call Number: K2400 .O63 2019
This practitioner-oriented guide features commentary and case-based examples that address evidentiary issues that frequently arise in international commercial arbitration. Annotations enable users to quickly identify key precedents.
Thrid-Party Funding in International Arbitration
Call Number: K2400 .N544 2017
The authors analyze relevant legislation, judicial opinions, ethics opinions, and practitioner anecdotes to assess the state of third-party funding in seven jurisdictions: Australia, Canada, Germany, the Netherlands, South Africa, the U.K., and the U.S. Issues considered include the payment of adverse costs, "before-the-event" and "after-the-event" insurance, attorney financing, pro bono representation, contingency fees, and ethical considerations.
Towards a Uniform Approach to Confidentiality of International Commercial Arbitration
Call Number: K2280 .R49 2019
The author advocates for the harmonization of divergent national arbitration laws in order to impose a general confidentiality obligation, subject to certain narrowly tailored but universally recognized exceptions. She also supports the systematic publication of awards without disclosing the identity of the parties.

New York Convention Resources

60 Years of the New York Convention: Key Issues & Challenges
Call Number: K2400.A6 I58 2019 Electronic
The 27 chapters in this book provide a fully up-to-date analysis of the application of the New York Convention, incorporating international, regional, and national perspectives.
The 1958 New York Convention in Action
Call Number: K2400.A41958 P38 2016
The author examines each substantive article of the New York Convention, taking into account the intentions of the drafters, the rules of interpretation set forth in the Vienna Convention on the Law of Treaties, and the outcomes of more than 1,700 judicial decisions rendered under the convention since its inception.
The New York Convention: Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10 June 1958: Commentary
Call Number: K2400.A41958 N49 2012
This detailed commentary provides article-by-article analysis of the New York Convention, incorporating relevant case law as well as input from scholars to provide guidance to practitioners and students alike.
Recognition & Enforcement of Foreign Arbitral Awards: A Global Commentary on the New York Convention
Call Number: K2400.A41958 R43 2010
Describes how arbitral awards are enforced in national courts under the New York Convention. Each chapter is devoted to a specific article of the convention and includes commentary, analysis, and information about its drafting history.
Recognition and Enforcement of Foreign Arbitral Awards: Interpretation and Application of the New York Convention by National Courts
Call Number: K2400.A41958 R434 2017
This study examines how the New York Convention has been understood, interpreted, and applied in the national courts throughout the world. It begins with a general report, which aggregates data collected from courts in 44 jurisdictions, followed by national reports from each jurisdiction.
Rethinking the New York Convention
Call Number: K2400.A41958 W45 2013
This jurisprudence-based analysis of the New York Convention from a law and economics perspective focuses on four key topics: the evolution of the treaty, the competition among various jurisdictions, lex mercatoria and governing law in arbitration, and the doctrine of public policy.

International Commercial Arbitration Research Guide

Contents

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Specialized Resources on International Commercial Arbitration Law

Selected Specialized Resources in Print & Online

New York Convention Resources